2016-134 2016-134
Resolution Accepting Performance Agreement Secured By Cash Deposit In Connection
With Osborne Square (Bank Plaza)
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 11,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-134
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, 1145 Route 9 Corp. is the owner of lands commonly known as 1145 Route
9, Town of Wappinger, County of Dutchess, State of New York, which parcel is also designated
as Tax Parcel 6157-04-649068; and
WHEREAS, the owner has made an application to the Town of Wappinger Planning
Board for final approval of a site plan entitled "Osborne Square"; and
WHEREAS, as part of the final site plan approval, the Town is requiring 1145 Route 9
Corp. to construct the approved dumpster enclosures in accordance with the approved site plan;
and
WHEREAS, to secure the obligation to guarantee the construction of the approved
dumpster enclosures, Kevin B. Lund, as President of 1145 Route 9 Corp., has executed a
Performance Agreement dated April 5, 2016, secured by a Cash Deposit in the form of an
Official Check issued by Citizens Bank, bearing No. 513546125-8 in the amount of$2,000.00
paid to the order of the Town of Wappinger, securing the obligations set forth in the Performance
Agreement; and
WHEREAS, the owner covenants and warrants to the Town of Wappinger that in the
event it fails to fully perform and complete all the requirements as set forth in the Performance
Agreement, then, upon the demand of the Town of Wappinger, the Town of Wappinger shall
have the right to draw upon the aforementioned security deposit in an amount equal to the cost
necessary to complete the required improvements; and
WHEREAS, the Performance Agreement executed by Kevin B. Lund, as President of
1145 Route 9 Corp., further binds their heirs, executors, administrators, successors or assigns for
the faithful performance of its obligations hereunder.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby accepts the Performance Agreement dated April 5, 2016,
executed by Kevin B. Lund, as President of 1145 Route 9 Corp., secured by Cash Deposit in the
form of an Official Check issued by Citizens Bank, bearing No. 513546125-8 in the amount of
$2,000.00 paid to the order of the Town of Wappinger, as security to guarantee the completion of
the construction of approved dumpster enclosures in accordance with the approved site plan.
The Town Supervisor is directed to deposit the aforementioned Official Check in a bank account
maintained by the Town, to be held in escrow, pending compliance with the terms of the
Performance Agreement.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
4/11/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK